DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia
(AG2018/38)

PARMALAT AUSTRALIA PTY LTD - (DARWIN OPERATIONS) AND THE TRANSPORT WORKERS UNION (SA/NT) ENTERPRISE AGREEMENT 2018

Northern Territory
COMMISSIONER JOHNS	SYDNEY, 6 FEBRUARY 2018

Application for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018.

[1] On 3 January 2018 Parmalat Australia Pty Ltd T/A Parmalat Australia (Applicant) made an application for approval of the Parmalat Australia Pty Ltd - (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, Transport Workers’ Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Parmalat Australia Pty Ltd, trading as Parmalat Australia, sought approval of the Parmalat Australia Pty Ltd (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009, seeking the agreement's registration as a registered agreement. The union representing the employees, the Transport Workers Union (SA/NT), supported the application. The dispute centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act.

The legal issues before the Commission involved whether the agreement was genuinely negotiated, contained necessary minimum terms and conditions, and was appropriately registered. The Commission examined the negotiation process to ensure that it met the Act's standards. Additionally, the Commission had to determine whether the agreement provided for terms and conditions that met the safety net provided by the Act. This included assessing the agreement against the National Employment Standards and other minimum entitlements.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. The Commission noted the thorough process undertaken by the parties to ensure fair representation and agreement on the terms. The Commission also determined that the agreement provided for terms and conditions that were at least equal to the safety net provided by the Act. Consequently, the Commission approved the application and registered the agreement as a registered agreement.

The final orders of the Commission included the registration of the Parmalat Australia Pty Ltd (Darwin Operations) and the Transport Workers Union (SA/NT) Enterprise Agreement 2018 as a registered agreement, effective from the date of the decision. This registration means that the agreement will now govern the employment terms and conditions of the employees covered by the agreement, subject to the Fair Work Act and any applicable industrial instruments.

Parmalat Australia Pty Ltd T/A Parmalat Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established